M.L.Ravi President v. Chief Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.27375 of 2019 M.L.Ravi ..
Petitioner Vs.
1. Chief Election Commissioner Election Commission of India Nirvachan Sadan Ashoka Road New Delhi 110 001.
2. Chief Electoral Officer Public Elections Department, Tamil Nadu Secretariat, Fort St. George Chennai 600 009.
3. Returning Officer & District Collector No.25, Perambalur Parliament Constituency Perambalur Collectorate, Perambalur.
4. Returning Officer & District Collector No.13, Villupuram Parliament Constituency Villupuram Collectorate, Villupuram.
5. Returning Officer & District Collector No.17, Erode Parliament Constituency Erode District, Erode.
6. Returning Officer & District Collector No.16, Namakkal Parliament Constituency Namakkal District, Namakkal.
7. Returning Officer & District Revenue Officer No.37, Tenkasi (SC) Parliament Constituency District Collector Office, Tirunelveli.
8. President/General Secretary/Authorised Signatory Dravida Munnetra Kazhagam (DMK) Anna Arivalayam Anna Salai, Chennai 600 018.
9. President/General Secretary/Authorised Signatory All India Dravida Munnetra Kazhagam (AIADMK) Lloyds Road, Royapettah Chennai 600 014.
10.T.R.Paarivendhar 11.D.Ravikumar 12.A.Ganesha Moorthy 13.P.Chinraj 14.Dr.K.Krishnasamy ..
Respondents W.P.No.12684 of 2021 M.L.Ravi ..
Petitioner Vs.
1. Chief Election Commissioner Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi 110 001.
2. Chief Electoral Officer
Public Elections Department, Tamil Nadu Secretariat, Fort St. George. Chennai 600 009.
3. T.Sadhan Thirumalai Kumar
4. M.Bhoominathan
5. K.Chinnappa
6. A.R.R.Raghuraman
7. M.J.Jawahirullah
8. E.R.Eswaran
9. T.Velmurugan 10.M.Jagan Moorthy 11.President/General Secretary/Authorised Signatory Dravida Munnetra Kazhagam - DMK Anna Arivalayam Anna Salai, Chennai 600 018.
12.President/General Secretary/Authorised Signatory All India Anna Dravida Munnetra Kazhagam - AIADMK Lloyds Road, Royapettah Chennai 600 014.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking (i) a writ of Mandamus directing the 1st respondent to declare the acceptance of the Form B submitted by respondents 10 to 14 is illegal and against the prescribed Rules and Act. Consequently, the results declared by the Election Commission of India for the said respondents in the General Lok Sabha Elections 2019 to the said respective constituencies as null and void; and (ii) a writ of Mandamus directing the 1st respondent to declare the acceptance of the Form B submitted by respondents 3 to 10 is illegal and against the prescribed Rules and Act. Consequently, the results declared by the Election Commission of India for the said respondents in the Tamil Nadu General Legislative Assembly Elections 2021 to the said respective constituencies as null and void.
For the Petitioner in both W.Ps.
: Mr.T.Sivagnanasambandan For the Respondents in W.P.No.27375/19 : Mr.Niranjan Rajagopalan For M/s.G.R.Associates for Respondents 1 to 7 Mr.S.Manuraj for Respondent-8 Mr.A.P.Balaji For Mr.K.Gowtham Kumar for Respondent-9 Mr.B.Sudhir Kumar for Respondent-10 Mr.Richardson Wilson For M/s.P.Wilson Associates for Respondent-11 Mr.R.Govindaraj for Respondent-12 Mr.V.P.Sengottuvel Senior Counsel For Mr.A.Akshay Kumar for Respondent-13 Mr.J.Saravanavel for Respondent-14 For Respondents in W.P.No.12684/21 : Mr.Niranjan Rajagopalan For M/s.G.R.Associates for Respondents 1 & 2
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.T.Sivagnanasambandan, learned counsel for the petitioner, Mr.Niranjan Rajagopalan, learned counsel for the respondents 1 to 7 in W.P.No.27375 of 2019 and for the respondents 1 and 2 in W.P.No.12684 of 2021, Mr.S.Manuraj, learned counsel for the 8th respondent, Mr.A.P.Balaji, learned counsel for Mr.K.Gowtham Kumar, learned counsel for the 9th respondent, Mr.B.Sudhir Kumar, learned counsel for the 10th respondent, Mr.Richardson Wilson, learned counsel for the 11th respondent, Mr.R.Govindaraj, learned counsel for the 12th respondent, Mr.V.P.Sengottuvel, learned Senior Counsel for Mr.A.Akshay Kumar, learned counsel for the 13th respondent and Mr.J.Saravanavel, learned counsel for the 14th respondent in W.P.No.27375 of 2019.
2. The petitioner seeks a direction against the first respondent to declare the acceptance forms of the respondents 10 to 14 in W.P.No.27375 of 2019 and respondents 3 to 10 in W.P.No.12684 of 2021 are illegal and against the prescribed Rules and the Act and
consequently, the results declared by the Election Commission of India of the said respondents be held as null and void.
3. Learned counsel for the petitioner submits that these respondents were parties of one political party and contested the election on the symbol of another political party which is impermissible in law. Learned counsel for the petitioner places reliance upon the guidelines prescribed by the Election Commission of India in exercise of the powers conferred under Article 324 of the Constitution of India and Section 29A of the Representation of People Act, 1951. According to him, an affidavit duly signed by the President/Secretary of the applicant party and sworn before the First Class Magistrate to the effect that no Member of the organisation is a member of any other political party registered with the Election Commission has to be filed. The affidavits filed by these persons on the face of it are false. Form B issued is illegal.
4. Learned counsel for the petitioner submits that this Court can entertain the writ petition. To buttress his submission, reliance is
placed upon the judgment of the Supreme Court in K.Venkatachalam v. A.Swamickan [Appeal (Civil) 1719 of 1986 dated April 26, 1999].
5. Learned counsel for the respondents who contested the elections submit that they are the members of the political party on whose symbol they had contested the election. The reference is also made to the Election Symbols (Reservation and Allotment) Order, 1968 of the Election Commission of India wherein it is stated that a candidate set up by State party at an election in any constituency in a State in which such party is a State party, shall choose and shall be allotted the symbol reserved for that party in that State and no other symbol.
6. Article 329B of the Constitution of India provides that the election of a legislative candidate can only be assailed by way of an election petition.
7. In the case of K.Venkatachalam (supra) relied upon by learned counsel for the petitioner, the candidate who had contested the election was not a voter in the constituency. His name did not appear in the electoral roll. On the face of it, it was held that he was not competent to sit as a member of the Legislative Assembly in Tamil Nadu and as such, writ of quo warranto was issued.
8. In the present case, the disputed questions of fact exist as to whether these persons are members of two political parties or one and at the same time, whether they were the members of the political party on whose symbol they had contested the election and whether they are the members of one political party and contested election on the party symbol of other political party. All these disputed questions of fact cannot be gone into in a writ petition.
9. In the light of that, the grievance raised by the petitioner cannot be considered in the present writ petitions. The writ petitions, as such, stand disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.4920 of 2020, 13474 and 8510 of 2021 are
closed.
(S.V.G., CJ.) (D.B.C., J.) 09.01.2024 Index :
Yes/No :
Yes/No kpl To
1. Chief Election Commissioner Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi 110 001.
2. Chief Electoral Officer Public Elections Department, Tamil Nadu Secretariat, Fort St. George Chennai 600 009.
3. Returning Officer & District Collector No.25, Perambalur Parliament Constituency Perambalur Collectorate, Perambalur.
4. Returning Officer & District Collector No.13, Villupuram Parliament Constituency Villupuram Collectorate, Villupuram.
5. Returning Officer & District Collector No.17, Erode Parliament Constituency Erode District, Erode.
6. Returning Officer & District Collector No.16, Namakkal Parliament Constituency
Namakkal District, Namakkal.
7. Returning Officer & District Revenue Officer No.37, Tenkasi (SC) Parliament Constituency District Collector Office, Tirunelveli.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 09.01.2024